Hyperlawhypertext legal database Moir v. Pearsall 70 N.Y. St. Rep. 250

← Cases

Moir v. Pearsall

70 N.Y. St. Rep. 250 Court N.Y. City Ct. Decision date 1895-10-29 English

Delivered by McCarthy, J.

Contents

Majority

p. 250
William Moir, Resp’t, v. Phoebe Pearsall, App’lt.
(New York City Court, General Term,
Filed October 29, 1895.)

Headnote

1. Judge—Disqualification.
Where the decision is rendered by another judge, the judge who signed the order pro forma, is not disqualified from taking part in .the appeal therefrom.
2. Pleading—Bill of pabticulabs.
A bill of particulars will not be granted upon the affidavit of the moving party’s attorney.
Appeal from an order, granting a motion for a bill of particu. lors.
George G. Goffin, for app’lt; Esselslyn, Ketcham & Stafford, for resp’t.

Although the order from which this appeal is taken was signed by me, it is,- however, an appeal from a decision rendered by Justice Fitzsimons. The signing of the order by me was merely pro forma and'unnecessary, and therefore does not disqualif}'- me from hearing and determining this appeal. This order must be reversed, on the opinion of Hewbukger, J., in Groff v. Hogan, 13 Misc. Rep. 322 ; 68 St. Rep. 365 .

Order is therefore reversed, with costs and disbursements, and motion is denied, with leave to renew on proper papers.

Cases cited